Patriot Acthttp://www.maclife.com/taxonomy/term/17580/all
enLaw & Apple: Patent Bombs Drop on Google, Apple Spites Spying Fedshttp://www.maclife.com/article/columns/law_apple_patent_bombs_drop_google_apple_spites_spying_feds
<!--paging_filter--><p><a href="http://www.maclife.com/tags/Law_Apple"><img src="/files/u315479/law-and-apple_200x150.jpg" alt="Law &amp; Apple" width="200" height="150" class="graphic-right" /></a></p><p>After years of targeting Google's partners with lawsuits, including going toe-to-toe against Google-owned Motorola, Apple has yet to square off against its Mountain View adversary in the courtroom... until now. And while we get ready to follow what could be the biggest trial of the Patent Wars to date, Apple also took a moment this week to effectively flip off the U.S. federal government and its seemingly neverending quest to collect user information from tech companies. Read on as we review one of the most interesting weeks in Cupertino's legal adventures this year.</p><h3>Rockstar (Apple) vs. Google</h3><p>More than two years ago, Apple, along with Microsoft, RIM, EMC Corp, Ericsson, and Sony formed Rockstar Bidco LP (now known as <a href="http://www.ip-rockstar.com/" target="_blank">Rockstar Consortium</a>), a group that outbid Google for the <a href="http://www.maclife.com/article/news/its_done_deal_courts_ok_nortel_patent_sale_apple_group" target="_blank">remains of the Nortel intellectual property carcass</a>. The final price after a very spirited auction that lasted 19 rounds was a then-staggering $4.5 billion. Whatever was Rockstar going to do with that patent portfolio? Why, use it to finally bring Google directly into the Patent Wars, of course.</p><p>This past Halloween, the bell of doom finally tolled for Google, as Rockstar launched a massive legal assault on the software company as well as seven other smartphone manufacturers that utilize Google's Android operating system. The case was filed in the Eastern District of Texas, because<a href="http://arstechnica.com/tech-policy/2013/01/east-texas-courts-are-back-on-top-for-patent-lawsuits/" target="_blank"> that's where you file a patent case in the U.S. if want a really good chance of winning big</a>. Targeting Google as well as Asustek, HTC, Huawei, LG Electronics, Pantech, Samsung, and ZTE, this case seems to be exactly what the late Steve Jobs, then CEO of Apple, was talking about when he stated his desire for Apple to "go thermonuclear war" in pursuing legal remedies against Google. Jobs claimed it was nothing short of "grand theft" of Apple's intellectual property when Google released Android, and that he would "spend every penny of Apple's $40 billion in the bank, to right this wrong."</p><p>Although <a href="http://www.maclife.com/article/columns/law_apple_apple_clearly_winning_global_patent_war" target="_blank">Apple has been very successful in legal pursuits</a> against Google partners — creating a worldwide web of lawsuits that have been dubbed the Patent Wars — Cupertino has yet to haul Google in the courtroom. That is about to change.</p><p style="text-align: center;"><img src="/files/u315479/rockstar.png" alt="Rockstar" width="620" height="351" /></p><p style="text-align: center;"><strong>It's like a patent troll, but it's different because...nevermind.</strong></p><p>Google knew this lawsuit was coming the second it lost the bidding war for the Nortel patents. When the bidding was over, Google's top lawyer, David Drummond, <a href="http://googleblog.blogspot.com/2011/08/when-patents-attack-android.html" target="_blank">released a rant</a> about how Apple and Microsoft were ganging up on poor Google, and leading "a hostile, organized campaign against Android by Microsoft, Oracle, Apple and other companies, waged through bogus patents." Given that Google just barely lost the bidding for those "bogus patents," going as high as $4.4 billion as a solo bidder, Drummond's statements seem rather hypocritical. And after Google's subsequent purchase of the Motorola patent portfolio for $12.5 billion, they seem even more so (particularly when Google has been unable to win even one significant case with that big bucket of IP slop).</p><p>In any event, the trial will focus on a series of six patents that deal with advertising on search results, clearly the bedrock of Google's entire business model. One of the patents was issued before Google even existed, so this lawsuit has some sharp teeth to it.</p><p>However, you can't avoid the fact that this event clearly puts Apple deep in the murky waters of patent trolling. By creating a separate company to go and do the dirty legal work, and arming that company with powerful patent weapons, Apple has entered into what is known as patent privateering. Much like when European nations would arm pirates with "privateering" licenses to escape culpability, sending Rockstar off to do the fighting removes the possibility of a counter-suit by Google against Apple.</p><p>It's a rather messy and unpleasant situation that does not really reflect well on any of the parties involved. There is the outside chance that this event carries so much magnitude that it will force all the players to seriously come to the negotiating table and put an end to these destructive conflicts, but it's not very likely.&nbsp;</p><h3>Apple vs. Government Spying</h3><p>Yesterday <a href="http://www.maclife.com/article/news/new_report_apple_reveals_government_data_requests_calls_more_transparency" target="_blank">Apple released its first "Report on Government Information Requests."</a>&nbsp;In the report (<a href="http://www.apple.com/pr/pdf/131105reportongovernmentinforequests2.pdf" target="_blank">PDF</a>), Apple detailed all current government requests for user data; at least, the ones Apple was permitted to detail. Apple also made yet another call in the brief for more transparency about the ways and means that the government collects information about private citizens.</p><p>However, that was not the most interesting part of the brief. It was not until the very last line that Cupertino decided to drop a "warrant canary" on the feds.</p><p style="text-align: center;"><img src="/files/u315479/coal-mine-canary.png" alt="Coal Mine Canary" width="620" height="351" /></p><p style="text-align: center;"><strong>Now I feel much safer.</strong></p><p>That last line is "Apple has never received an order under Section 215 of the USA Patriot Act. We would expect to challenge such an order if served on us." Sounds benign, right?</p><p>Well, as <a href="http://techcrunch.com/2013/11/05/apple-slips-in-warrant-canary-to-warn-users-of-future-compliance-with-patriot-act-section-215-information-requests/" target="_blank">TechCrunch</a> points out, under Section 215 of the Patriot Act, the government could force Apple to disclose personal data about Internet usage, browsing habits or other items that it considers ‘tangible things’. And, because of the security requirements, it could force companies not to disclose that they had ever received such requests.</p><p>So, if Apple did receive such a request, they would likely not be permitted to detail that in any kind of public way, not matter how much they wanted to. And that's what makes that last line so powerful.</p><p>Like a canary in a cage issued to coal minors to test for poisonous fumes (as in, if the canary dies, run for your lives), this last line is designed to appear at the end of every future Apple "Report on Government Information Requests." Until it doesn't. And that's when you'll know that Apple has been forced to comply with Section 215. When that line disappears like a dead canary, you'll know the government is skimming user data from Apple and Apple is not allowed to tell you about it. Except, of course, that Cupertino would have done just that.</p><p>Well played, Apple. Well played.</p><p><em>Connect with this writer, Adrian Hoppel, through his website: <a href="http://adrianhoppel.com" target="_blank">adrianhoppel.com</a>.</em></p>http://www.maclife.com/article/columns/law_apple_patent_bombs_drop_google_apple_spites_spying_feds#commentsNewsApple vs. GoogleColumnsintellectual propertyLaw & Applepatent trollspatent warsPatriot ActrockstarWed, 06 Nov 2013 23:24:06 +0000Adrian Hoppel18554 at http://www.maclife.com